Louisiana Judge Upholds Ban on Same-Sex Marriage to Prevent Incest

A U.S. District Court in New Orleans court upheld Louisiana's ban on same-sex marriage on Wednesday. Judge Martin Feldman's decision is the first major blow to marriage equality since the U.S. Supreme Court struck down the Defense of Marriage Act (DOMA) in 2013. Feldman, a Reagan appointee, also upheld Louisiana's refusal to recognize same-sex marriages that are performed outside of the state.

In his 32-page ruling, Feldman implied that expanding the definition of marriage to include same-sex couples could open the door to legalizing incest and polygamy.

Must the states permit or recognize a marriage between an aunt and niece?" he wrote. "Aunt and nephew? Brother/brother? Father and child? May minors marry? Must marriage be limited to only two people?"

He argued that the Louisiana ban was constitutional in large part because the concept of same-sex marriage is not a fundamental right in the U.S. legal tradition.

No authority dictates, and plaintiffs do not contend, that same-sex marriage is anchored to history or tradition. The concept of same-sex marriage is 'a new perspective, a new insight,' nonexistent and even inconceivable until very recently."

Dalton Courson, an attorney for the plaintiff's, spoke outside the courthouse Wednesday, telling reporters that his clients would likely appeal the decision.

Writing in Slate, legal analyst Mark Joseph Stern suggests that Feldman's ruling could ultimately turn out to be a blessing in disguise for many gay rights activists as it will likely force the issue of gay marriage back in front of the Supreme Court.

...as more judges buck Windsor’s clear command of equality, the high court will almost certainly feel compelled to take another gay marriage case and settle the issue once and for all."